We have recently learned a few more things about the charges brought by District Attorney Alvin Bragg against former President Donald Trump. One thing is for sure. The D.A.’s team checked some of their basic knowledge of the law at the door.
In New York, misdemeanors must be prosecuted within two years of the date of the offense. Felonies like those Bragg has alleged must be prosecuted within five years or be forever barred by the statute of limitations. These are not new, complex, or difficult-to-manage rules and deadlines. Team Bragg is aware.
The D.A. has charged Trump with felonies for a variety of reasons, one of which is to trigger the five- rather than two-year limitations period on bad bookkeeping crimes. Felonies often bring jail time, which is the left’s fever dream for Trump.
Statutes of limitations are firm dates. There is little leeway for a prosecutor to ask a judge to set aside the statute to allow a time-barred charge to still proceed to trial. Putative criminal defendants have a right to rely on the passage of time as a complete defense to potential charges. Prosecutors must work in a timely fashion and are perpetually on the clock. That does not change simply because their target is an important person.
Bragg is largely also stuck with the formal findings of other courts regarding when certain events occurred on which he premises his charges. Everyone but Bragg, including his predecessor as Manhattan D.A., federal prosecutors, and the Federal Election
